In short
These terms apply when you use shopvram.com, ask for a quote or buy from us. Read sections 11 and 12 before ordering datacenter products. If you are a consumer, sections 2, 15 and 19 explain the rights the law gives you that these terms cannot remove.
1. Parties and definitions
- ShopVRAM, we, us: ShopVRAM LLC, a limited liability company formed in the State of Formation, with its registered address at the Registered Address.
- State of Formation: [STATE OF FORMATION].
- Registered Address: [REGISTERED ADDRESS].
- EIN: 32-56434645.
- You, Buyer: the person or company that asks for a quote or places an order.
- Consumer: an individual buying mainly for personal use, not for a trade, business or profession.
- Business Customer: anyone who is not a Consumer.
- Products: GPUs, HGX baseboards, rack systems, configured servers and parts we sell.
- Datacenter Products: products listed in the datacenter segment of the site, including H100, H200, B200, L40S, RTX PRO 6000 Server Edition, HGX systems and GB300 NVL72 racks.
- Configured Server: a server we assemble to your chosen configuration.
- Order Confirmation: our written email accepting your order.
- Site: shopvram.com.
- Business Day: Monday to Friday, excluding US federal holidays.
Contact: [email protected].
2. Who can buy
- You must be at least 18 and able to enter a binding contract.
- If you buy for a company, you confirm you have authority to bind it.
- Business Customers buy on these terms in full.
- Consumers buy on these terms too, but where the law of the country you live in gives you rights these terms do not, those rights win. Nothing here limits mandatory consumer rights.
3. Product information and prices
- We describe Products using manufacturer specifications. Specifications can change without notice from the manufacturer. Product photos are illustrative.
- Prices on the Site are in US dollars and are indicative. They can change at any time until we send an Order Confirmation, because GPU market prices move daily.
- Buy-now prices are confirmed at checkout. Quote-only prices are confirmed in a written quote.
- Prices exclude taxes, duties and shipping unless the checkout or quote says otherwise.
- If a price or description has an obvious error, we are not bound by it. If we spot it before acceptance we will cancel or offer the correct price. If we spot it after acceptance we will contact you, and you can accept the correct price or cancel for a full refund.
4. Quotes
- We answer quote requests within 4 business hours.
- A quote is valid for 72 hours from the time we send it. After that, price and availability must be reconfirmed.
- A quote is an offer to sell on these terms. It becomes a contract only when you accept it and we send an Order Confirmation.
- Allocation items depend on supply allocated to us by our sources. A quote for an allocation item reserves nothing until the order is accepted and payment, or an approved payment arrangement, is in place.
- Lead times in quotes and on product pages are estimates, not guaranteed delivery dates. Section 9 and our Shipping and export page set out current estimates.
5. Orders and acceptance
- Placing an order, or accepting a quote, is an offer to buy.
- An order is accepted only when we confirm it in writing with an Order Confirmation. An automatic order receipt is not acceptance.
- We may decline or cancel an order, before or after acceptance, if:
- the Product is out of stock or our allocation is cut;
- there is a pricing or description error (section 3);
- the order fails or does not complete export, sanctions or KYC screening (section 11);
- we suspect fraud or payment cannot be verified.
- If we cancel, we refund everything you paid for the cancelled items. We have no other liability for the cancellation.
6. Volume tiers
Volume discounts are set by the total number of GPU units in one order, across the whole cart. The discount applies to GPU unit prices only. Chassis, CPUs, memory, storage, networking, assembly and shipping are charged at list.
| GPU units in the order | Discount on GPU units |
|---|---|
| 1 | List price |
| 2 to 7 | 3% |
| 8 to 31 | 6% |
| 32 or more | 10% |
Rack-scale systems such as GB300 NVL72 are priced by quote and are outside these tiers. Tiers cannot be combined across separate orders unless your quote says so.
7. Payment
- Card: through Stripe, where card payment is offered at checkout. We never see or store your full card number.
- Bank transfer: to the account on our invoice. Confirm bank details with us by email before your first transfer. We will never change bank details by email alone.
- Escrow: available for orders over $50,000 through an escrow service agreed in the quote. Escrow fees are shown in the quote.
- Letter of credit: an irrevocable documentary letter of credit, issued or confirmed by a bank acceptable to us, subject to UCP 600. Bank charges outside our bank are yours.
- Net 30: for approved accounts only, after a credit review. Invoices are due 30 days from the invoice date.
- Except for approved net-30 accounts, we ship only after payment has cleared in full.
- Late payment: overdue amounts carry interest at 1.5% per month, or the highest rate the law allows if that is lower, from the due date until paid. We may pause shipments on any of your orders while an invoice is overdue.
- Title: we keep ownership of the Products until we have received payment in full. Risk passes earlier, as set out in section 9.
8. Taxes and duties
- We add US sales tax where we are required to collect it.
- For international shipments our standard term is DAP (section 9). You are the importer of record and pay import duties, import VAT or GST, customs fees and brokerage at destination.
- DDP, where we act as or appoint the importer of record, is available only if agreed in writing in the quote.
- If DHL or customs charges us for anything that is yours under these terms, you will reimburse us.
- Business Customers in the EU, UK and similar systems are responsible for any reverse-charge accounting.
9. Shipping, delivery and risk
- We ship by DHL Express, insured for the invoice value, or you collect from the pickup location given in the Order Confirmation.
- Delivery terms follow Incoterms 2020:
- DAP (Delivered at Place) for shipments we arrange and prepay through DHL. Risk passes to you when the goods arrive at your delivery address, ready for unloading.
- EXW (Ex Works) for pickup. Risk passes to you when the goods are made available to you or your carrier at the pickup location.
- Lead times run from the later of payment clearing and export screening passing. Current estimates by stock state:
- In stock: ships within 72 hours for most items. The product page shows any exception.
- Allocation: typically 2 to 4 weeks. Some SXM parts take longer, as shown on the product page.
- Quote: typically 6 to 10 weeks for HGX systems. Rack systems show their own estimate on the product page.
- Configured Servers: GPU lead time plus assembly and a 48-hour burn-in. The quote states the expected ship date.
- Partial shipments are allowed unless you ask us in writing to ship complete.
10. Inspection, shortages and damage
- Inspect every delivery within 5 Business Days of receipt.
- If the outer packaging is visibly damaged, note it on the DHL delivery record before signing, or refuse the shipment.
- Report shortages, wrong items or transit damage to [email protected] within 5 Business Days, with photos of the outer box, the shipping label, the inner packaging and the Product, and the serial numbers.
- Keep all packaging until the claim is closed. Carriers need it to settle insurance claims.
- If Products are lost or damaged before risk passes to you, we replace them or refund what you paid for them.
- For Business Customers, a delivery not reported within 5 Business Days is accepted as complete and undamaged. Hidden defects are covered by the warranty in section 13.
- Our Returns and warranty page sets out the step-by-step process.
11. Export controls and sanctions
Advanced GPUs are controlled goods. This section is a condition of every sale.
- Products are subject to the US Export Administration Regulations (EAR) and US sanctions administered by OFAC. Products such as H100, H200, B200 and HGX systems are classified under Export Control Classification Numbers including 3A090 and 4A090. Other Products may also be controlled. Classifications can change when US rules change.
- By ordering, you certify that:
- the end user, end use and final destination you give us are true and complete;
- the Products will not be used in weapons of mass destruction, military end uses or by military end users where US law prohibits it, or for any other use prohibited by the EAR;
- you, the end user and anyone with an interest in the order are not on any US restricted party list, including the OFAC SDN List, the BIS Entity List, Denied Persons List, Unverified List and Military End-User List, and are not owned or controlled by anyone on them;
- the Products will not be sent, directly or indirectly, to a country or region subject to comprehensive US sanctions, or to any destination that needs a US licence we do not hold.
- You will not export, re-export or transfer the Products, in their original form or built into another system, without any authorisation US law and local law require.
- For any order, of any size, we may ask for an end-user statement, company registration documents, identity documents for signatories and owners, proof of address and a description of the end use. We may delay an order until we have them.
- We screen every order. We may refuse or cancel any order that fails screening, that we cannot lawfully ship, or where you do not give the documents we ask for. If we cancel for this reason, we refund what you paid, less any non-refundable third-party costs we have already incurred, such as escrow or bank fees.
- We may report suspected violations to US authorities.
- You will indemnify us against losses caused by your breach of this section.
12. Serial numbers and anti-diversion
- We record the serial number of every unit we ship against your order and the stated end user.
- Warranty and RMA service requires the serial number to match our records.
- We may ask you to confirm where Datacenter Products are installed, during the warranty period, and you will answer within a reasonable time.
- If you resell Products, you must apply export controls at least as strict as section 11 and keep records that let you trace each serial to its buyer.
- If we find that Products were diverted from the stated end user, end use or destination, we may cancel open orders, refuse warranty service on those serials and report the facts to the authorities.
13. Warranty
- Manufacturer warranty: all Products carry the manufacturer’s warranty, which passes to you. For Datacenter Products this is the only product warranty. Send claims to us and we coordinate them with the manufacturer or supplier.
- ShopVRAM 3-year warranty: workstation cards and gaming-pro cards carry our 3-year warranty from the delivery date, where the product page says so, including when fitted in a Configured Server. We repair, replace with the same or an equivalent model, or refund.
- Dead on arrival (DOA): a Product that does not work out of the box, reported within 14 days of delivery. We replace it, or refund it if no replacement is available.
- Exclusions. The warranty does not cover:
- damage from cryptocurrency mining;
- modified, flashed or unofficial BIOS or firmware;
- physical damage, including bent pins, cracked boards and damaged connectors;
- liquid damage;
- removed, altered or unreadable serial or warranty labels.
- Return shipping for confirmed DOA and confirmed warranty defects is paid by us. If inspection finds no fault, or an excluded cause, we return the unit at your cost or, if you prefer, recycle it.
- Our warranty is in addition to your rights under law. Consumers keep any statutory rights, such as the legal guarantee of conformity in the EU and UK.
14. Returns
- Sealed units: you may return a factory-sealed, unopened unit within 14 days of delivery. We refund the price less a 10% restocking fee and less the original outbound shipping cost. You pay return shipping. We inspect the seal on arrival.
- Opened units: returnable only under DOA or warranty (section 13).
- Built to order: Datacenter Products and Configured Servers are sourced or built to order and cannot be returned, except for defects covered by section 13.
- Every return needs an RMA number first. See our Returns and warranty page.
- Refunds go to the original payment method after inspection.
- Section 15 replaces this section for Consumers who have a statutory right to withdraw.
15. Consumer right to withdraw (EU and UK)
- If you are a Consumer in the EU or UK, you may cancel a purchase within 14 days of the day you, or someone you name, receive the goods, without giving a reason. Where mandatory law in another country gives a similar right, it applies in the same way.
- To cancel, email [email protected] with your order number and a clear statement that you are withdrawing. You can use the EU or UK model withdrawal form, but you do not have to.
- Send the goods back within 14 days of telling us. You pay the direct cost of return shipping.
- We refund the price and the standard outbound shipping cost within 14 days of receiving the goods back, or proof that you sent them, whichever is earlier. No restocking fee applies to a statutory withdrawal.
- You may handle the goods only as you would in a shop to check them. If you reduce their value by handling beyond that, for example by installing and running a card, we may deduct the loss in value.
- The right to withdraw does not apply to goods made to your specifications or clearly personalised. This covers Configured Servers built to your chosen configuration. It does not cover a standard card sold as it ships from the manufacturer.
16. Limitation of liability
- Our total liability for any claim connected with an order is capped at the amount you paid for the Products concerned.
- We are not liable for indirect or consequential loss, lost profits, lost revenue, lost data, downtime, compute time, or the cost of substitute hardware or cloud capacity.
- These limits do not apply to liability that cannot be limited by law, including death or personal injury caused by negligence, fraud, or a Consumer’s mandatory statutory rights.
- Except for the warranties in section 13 and any that cannot be excluded by law, Products are sold without other warranties, express or implied, including merchantability and fitness for a particular purpose. This sentence does not apply to Consumers where the law forbids it.
17. Trademarks, content and use of the Site
- NVIDIA, GeForce, RTX, Hopper, Blackwell, Grace, NVLink, HGX and related product names are trademarks of NVIDIA Corporation. Other names are trademarks of their owners.
- ShopVRAM is an independent reseller. We are not affiliated with, authorised by or endorsed by NVIDIA Corporation.
- Site content, text and design belong to us or our licensors. You may view and print pages for your own buying decisions.
- Do not misuse the Site: no attempts to break security, overload it, or place orders in someone else’s name.
- Keep your account login private. You are responsible for orders placed through your account.
18. Force majeure
- We are not liable for delay or failure caused by events outside our reasonable control. These include manufacturer allocation cuts and supply shortages, changes in export rules or licence decisions, carrier and customs delays, natural disasters, war, epidemics, strikes and power or network failures.
- We will tell you promptly and give a new estimate.
- If the delay lasts more than 30 days, either of us may cancel the affected items. We refund what you paid for them.
19. Governing law and disputes
- These terms are governed by the laws of the State of Formation and applicable US federal law. The UN Convention on Contracts for the International Sale of Goods does not apply.
- Email us first. Most problems are fixed faster that way. Each side will try in good faith to settle a dispute for 30 days before starting proceedings.
- Business Customers: disputes are settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by one arbitrator, seated in the State of Formation, in English. Claims are brought individually, not as a class. Either side may seek urgent injunctive relief from a court.
- Consumers: arbitration is not mandatory for you. You may bring a claim in the courts where you live, and the mandatory consumer protection law of your country of residence still applies to you.
- Small claims: either side may take a claim to a small-claims court if it qualifies there.
20. Changes to these terms
- We may update these terms. The version and date at the top show which version is current.
- The terms in force when we send your Order Confirmation apply to that order.
21. Contact
Questions, quotes, RMAs and notices: [email protected]. We answer quote requests within 4 business hours.